Durante v. Alba

Citations

• 266 Pa. 444
• 109 A. 796
• 9 A.L.R. 485
• 1920 Pa. LEXIS 588

Syllabus

<p>Lateral support — Conveyance of part of land — Continuance of right in grantee — Damages—Structure on land — Damages for detention — Land in natural state — Adjoining land.</p> <p>1. Where a building erected on a plot of land derives lateral support from other parts of said land, a right to the continuance of such support will pass to a subsequent purchaser of the building, unless excluded by the terms of the grant.</p> <p>2. Such right is as absolute as the right to lateral support for the soil itself.</p> <p>3. This rule does not apply as regards adjoining land not belonging to the builder. In that case the right of lateral support exists only in favor of the land in its natural state.</p> <p>4. While an adjoining owner who is excavating on his own lot, is not required to support his neighbor’s building, he may do so if he chooses, and in that event will be liable for his negligence.</p> <p>5. While the measure of damages for a permanent injury to land is the difference between the market value thereof before and after the injury was inflicted, this rule has no application to an injury which affects only a structure on the land.</p> <p>6. The measure in such cases is the cost of repair, or the actual value of the building at the time of the injury, less anything salvaged from it, whichever is least in amount, together with damages for detention, if the facts justify them.</p> <p>Appeals — Modification of judgment — Trial without jury — Measure of damages — Practice, Supreme Court.</p> <p>7. Where on a trial by the court without a jury a judgment is properly entered for plaintiff, but the measure of damages applied is improper, the Supreme Court will modify the judgment by setting aside the assessment of damages and remitting the record with a procedendo, in order that the damages may be properly determined.</p>